Road To Perdition

The Louisiana Attorney Disciplinary Board proposes permanent disbarment of an attorney who offered a series of excuses for failing to respond to multiple complaints but eventually was deemed in default

Here, Respondent violated duties owed to clients, the public, the legal system, and the profession. His conduct was knowing if not intentional. These charges are comprised of seven separate matters: two initiated by the ODC relative to overdraft notices, four initiated by clients and/or other attorneys regarding four client matters and one initiated by a health care provider who provided services to seven of Respondent’s clients. Respondent converted funds belonging to multiple clients, negotiated a settlement check with the forged endorsement of his client, failed to forward funds owed to a medical provider and converted funds belonging to co-counsel. He repeatedly misused his client trust account, which was overdrawn on multiple occasions. He neglected client matters and failed to communicate with his clients. He neglected his professional  through his failure to keep his registration address current and properly report a trust account, as required. Furthermore, he refused to cooperate with the ODC. His actions caused actual harm to clients, third parties and co-counsel by depriving them of their funds. His dishonest conduct is the type that causes damage to the legal system, the public, and, in particular, the profession. His failure to participate in the disciplinary proceedings caused damage in the form of needless expenditure of the limited resources of the disciplinary agency. 

In assessing sanction, the board considered the Guidelines for sanction adopted by the state Supreme Court

The conduct at issue is described in Guideline 1: “Repeated or multiple instances of intentional conversion of client funds with substantial harm.” Respondent’s conversion of client funds in multiple matters fits within the description of this guideline.

The guidelines on the sanction of permanent disbarment

The following guidelines illustrate the types of conduct which might warrant permanent disbarment. These guidelines are not intended to bind the Supreme Court of Louisiana in its decisionmaking. It is hoped that these guidelines provide useful information to the public and to lawyers concerning the types of conduct the Court might consider to be worthy of permanent disbarment.

GUIDELINE 1. Repeated or multiple instances of intentional conversion of client funds with substantial harm.
GUIDELINE 2. Intentional corruption of the judicial process, including but not limited to bribery, perjury, and subornation of perjury.
GUIDELINE 3. An intentional homicide conviction.
GUIDELINE 4. Sexual misconduct which results in a felony criminal conviction, such as rape or child molestation.
GUIDELINE 5. Conviction of a felony involving physical coercion or substantial damage to person or property, including but not limited to armed robbery, arson, or kidnapping.
GUIDELINE 6. Insurance fraud, including but not limited to staged accidents or widespread runner-based solicitation.
GUIDELINE 7. Malfeasance in office which results in a felony conviction, and which involves fraud.
GUIDELINE 8. Following notice, engaging in the unauthorized practice of law subsequent to
resigning from the Bar Association, or during the period of time in which the lawyer is suspended from the practice of law or disbarred.
GUIDELINE 9. Instances of serious attorney misconduct or conviction of a serious crime, when the misconduct or conviction is preceded by suspension or disbarment for prior instances of serious attorney misconduct or conviction of a serious crime. Serious crime is defined in Rule XIX, Section 19. Serious attorney misconduct is defined for purposes of these guidelines as any misconduct which results in a suspension of more than one year.

 (Mike Frisch)